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🤕torts review

Statutory Violation

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025

Definition

A statutory violation occurs when an individual or entity fails to comply with a specific law or statute established by legislative authority. This violation can be significant in legal cases as it often serves as a basis for establishing negligence per se, where the breach of the law automatically constitutes negligence, simplifying the plaintiff's burden of proof in tort actions.

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5 Must Know Facts For Your Next Test

  1. Statutory violations are considered breaches of the law and can lead to civil liability in tort cases.
  2. For a statutory violation to support a claim of negligence per se, the statute must be intended to protect a specific class of persons from a particular type of harm.
  3. Courts typically require the plaintiff to show that they were part of the class intended to be protected by the statute when establishing negligence per se.
  4. The existence of a statutory violation can shift the burden of proof away from the plaintiff, as the violation itself is seen as evidence of negligence.
  5. In some cases, defendants can argue that they had a valid excuse for violating the statute, which may impact their liability.

Review Questions

  • How does a statutory violation relate to establishing negligence per se in tort law?
    • A statutory violation is closely tied to negligence per se because it allows plaintiffs to demonstrate negligence without needing to prove traditional elements of duty and breach. When a defendant violates a statute that is meant to protect a specific class, the law assumes this violation constitutes negligence. This makes it easier for plaintiffs since they only need to show that a violation occurred and that it caused harm.
  • What are some defenses that may be available to a defendant accused of statutory violation in a negligence per se claim?
    • Defendants in negligence per se claims might argue that they had a reasonable excuse for their statutory violation, such as an emergency situation that made compliance impossible. Additionally, they could assert that they were unaware of the statute or that their actions were justified under the circumstances. If successful, these defenses may negate liability even if a statutory violation is established.
  • Evaluate the impact of statutory violations on civil liability and how courts assess such violations in tort cases.
    • Statutory violations significantly affect civil liability as they provide a clear standard against which behavior is measured. Courts assess these violations by examining whether the statute was designed to prevent the type of harm suffered by the plaintiff and whether the plaintiff belongs to the protected class. If both criteria are met, courts often find that the statutory breach indicates negligence, streamlining litigation for plaintiffs and prompting defendants to consider their adherence to laws more seriously.